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WILSON v. FRANCIS

155 S.E.2d 49 (1967)

208 Va. 83

Rosalie E. WILSON v. Tracey FRANCIS et al.

Supreme Court of Appeals of Virginia.

June 12, 1967.

Attorney(s) appearing for the Case

William A. Pusey, Richmond (E. Milton Farley, III, Hunton, Williams, Gay, Powell & Gibson, Richmond, on brief), for appellant.

Henry W. McLaughlin, III, W. M. Lewis, Halifax (Henry W. McLaughlin, Jr., McLaughlin & McLaughlin, Halifax, on brief), for appellees.

Before EGGLESTON, C.J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO and GORDON, JJ.

SNEAD, Justice.

The critical issue presented in this appeal is whether a will executed by an unmarried woman was revoked by former Code, § 64-58 because of her subsequent marriage, even though that section was repealed prior to her death. The precise question is one of first impression for this court.

Section 64-58, Code 1950 (§ 5232, Code 1919), which was in effect at the time of the testatrix's marriage, was repealed in 1956. That section provided...

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